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Can I move out of accommodation with only having a verbally agreed lease?

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  • 14-12-2010 8:05pm
    #1
    Inewziggy
    Registered Users Posts: 7 ✭


    I moved into a house in September with three other students, things haven't worked out so we want to move out. We never signed a lease but did give some of our pps numbers after a month or two to the landlord as he said he wanted to register us as being in the house with the tenants board. We decided to move out and gave our months notice, the landlord basically flipped saying we had agreed to stay there until May and that he'd follow it up to the tenants board if we move out as he would want compensation. But we never signed a lease or anything, he said we verbally agreed to a lease until May but i can hardly remember him saying that. Please help!
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    #2
    Joe10000
    Registered Users Posts: 1,295 ✭✭✭Joe10000


    I don't know the legalities but the worst I imagine he can do is keep your deposit.


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    #3
    stiffler123
    Closed Accounts Posts: 2,651 ✭✭✭stiffler123


    If there's no lease then you don't have to stay. However, chances of ye getting deposits back are pretty slim.


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    #4
    Inewziggy
    Registered Users Posts: 7 ✭Inewziggy


    He reckons he can follow us up for loss of rent


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    #5
    Inewziggy
    Registered Users Posts: 7 ✭Inewziggy


    We also rang threshold for legal advice and they said its 50/50 that if we move out and it goes to the tenant board that he can try to claim compensation for lost rent. Threshold also said that even though a lease wasn't signed, he can still claim that a verbal agreement is acceptable but its not as clear as a written lease.


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    #6
    Knasher
    Registered Users Posts: 2,370 ✭✭✭Knasher


    My understanding is that if you don't have a written fixed lease you are under a part 4 tenancy and have to give notice depending on how long you have been there, 4 weeks if it's less than 6 months and 5 if it's 6 months to a year. Notice should be given in writing.

    So long as you follow those rules you would also be entitled to take him to the PRTB to get your deposit back.

    This is just my understanding though, so I'm open to correction if I'm wrong.


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    #7
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    I agree with Knasher; no written lease = Part 4 Tenancy.


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    #8
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    Inewziggy wrote: »
    He reckons he can follow us up for loss of rent
    He's bluffing, no landlord in their right mind is going to waste time and money suing a bunch of penniless students when they don't even have written proof of the lease. You'll lose your deposit but that's it.


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    #9
    Victor
    Registered Users Posts: 78,388 ✭✭✭✭Victor


    You needn't lose your deposit if you do it right.

    One option would be to assign the lease, i.e. offer hte landlord alternative tenants.

    Write to the landlord (assuming you haven't already), saying you are giving 28 days notice in accordance with the Residential Tenancies Act 2004. State that it would be usual and you would have expected him to put a written lease in place if you were to be required to stay to May and that you have no recollection of this requirement.


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